godisaclog

Hi Everyone,

I've been lurking here a while and thought I'd take the plunge and ask you a few questions where I'm still a little unclear.

My company is opening a new office in the US and are looking to transfer me across there in the new year. It looks like the L1B fits my role pretty well, although it's unclear quite how straightforward these visas are to obtain. The biggest hurdle at the moment is what exactly to do with my fiancee. We're not really willing to get married before the spring of next year at the earliest. We're happy to consider some time apart, but for periods of over 6 months this could become quite difficult..

What are our options? Am I able to work in the US for a period of say 3 months, return to the UK for a few months, get married and go back out there with her? Or should I delay the application for the L1B until after we are married and find some other way of dealing with work in the interim period? This throws open another question: Can I travel to the US while I am applying for an L1B visa?

The goal isn't to get green card or any kind of permanent residency. We're just looking to do as well as possible out of this opportunity for the 1-2 years. Obviously having her live with me for periods at a time is also possible, but it comes at the cost of her not being able to work and (as I understand it) it being of time-limited duration.

I understand her obtaining her own visa is unlikely (she is in education) due to the costs involved of sponsoring and it being a bit of a lottery.

Any thoughts/advice greatly appreciated.

ian-mstm

Why would you need to return to the UK "for a few months"? Can't you just go and get married? To get an L-2 visa, your (then) wife will need proof of your L-1B visa and a copy of your marriage certificate. Anyway, this should work.


Yes - but as a visitor... and you wouldn't be able to work.


Unless she has a visa that allows it, she won't be living with you at all... she'll be visiting.

Ian

S Folinsky

General comment -- An "L" non-immigrant need not physically reside or even work in the US for the duration of the visa petition. There are situations where the L-1 employee will have recurring short-time sojourns in the US on behalf of their employer. In fact, the regulations provide for exemptions from the maximum time limits on L petitions in such situations.

godisaclog

Thank you both for your comments.

Ian,

I guess my return to the UK would be for a month or so, to plan and take care of the wedding. My main question on this issue was whether it is possible after having been granted an L1 visa, for us to marry and then her to still get an L2 visa? Or do I have to re-apply and does the fact that we got married AFTER the grant of the initial visa make things more difficult?

Would I not be able to enter under the waiver program for up to 90 days and work (as an employee of the UK-based division) in the US?

christmasoompa

Nope. You can attend a meeting or conference, but that's pretty much it, anything else is considered work and that's not allowed on the VWP.

Awesome Welles

Observing and advising (open to interpretation, as ever) may be permitted.

ian-mstm

Yes... happens all the time.


You don't have to reapply.


No.

Ian